In 2015, Oregon enacted a law to close the private sale loophole and generally require firearm sales and transfers to be conducted by or processed through a federally licensed firearm dealer (FFL) pursuant to a background check.1 The FFL must process the transaction as if the dealer were selling the firearm from his or her own inventory and comply with all federal and state laws regulating firearms dealers (See the Oregon Background Checks and Federal Law on Private Sales sections for further details).
Once the FFL receives a unique approval number from the Department of State Police indicating that the purchaser has passed the background check, the gun dealer must notify the seller, enter the firearm into the gun dealer’s inventory and transfer the firearm to the buyer. If the dealer receives notification that the buyer is prohibited by state or federal law from possessing or receiving the firearm, the gun dealer must notify the seller and discontinue the transaction. A gun dealer may charge a reasonable fee for facilitating a firearm transfer.
Certain temporary transfers and transfers to family or law enforcement are excluded from these requirements. A private seller at a gun show is also not required to process the sale through an FFL if he or she:
- Requests a criminal background check prior to completing the transfer;
- Receives a unique approval number from the Department of State Police indicating that the recipient is qualified to complete the transfer; and
- Has the recipient complete the form created by the Department. The seller must retain the completed form for at least five years and make it available to law enforcement agencies for the purpose of criminal investigations.2
See our Universal Background Checks policy summary for a comprehensive discussion of this issue.